Fallout 3: Behind the AU Ban

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Looking to import? Think again.

By Patrick Kolan

IGN AU has received the OFLC's report on its appraisal of Bethesda's anticipated RPG, Fallout 3. The two page document outlines the classification board's reasons for refusing to classify the game for Australians; specifically, the intrinsic use of 'Chems', which are thinly-disguised narcotics that can be used during the game for various stat-modifiers.

We've transcribed several key points, taken from the OFLC's report into Fallout 3:

The game contains the option to take a variety of drugs known as "chems" using a device which is connected to the character's arm. Upon selection of the device a menu selection screen is displayed. Upon this screen is a list of "chems" that the player can take, by means of selection.

These "chems" have positive effects and some negitave effects (lowering of intelligence, or the character may become addicted to the "chem"). The positive effects include increase in strength, stamina, resistance to damage, agility and hit points.

Corresponding with the list of various "chems" are small visual representation of the drugs, these include syringes, tablets, pill bottles, a crack-type pipe and blister packs. In the Board's view these realistic visual representations of drugs and their delivery method bring the "science-fiction" drugs in line with "real-world" drugs.

Essentially, games that represent drug use as having inherently positive effects or perceived gain (regardless of any negative effects, apparently) can, under current legislation, be banned outright.

Clearly, there is some wiggle-room; some games, like Max Payne 2, featured 'pain killers' which can be used to treat wounds; Half-Life is more explicit in its use of Morphine. Haze has its' 'Nectar'. Condemned 2's protagonist was a heavy drinker who compelled players to drink in order to stay in control of the situation. Bioshock's use of 'Plasmid' injections surely falls into this 'drugs grey-area' too.

The OFLC needs to apply a more even-handed approach, given the wishy-washy application of this guideline – convincingly demonstrated above. Continuing on:

"Chems are an essential part of Fallout 3 and players will likely use a variety of them throughout the game."

This, of course, suggests that a player's choice to actively avoid using so-called drugs in the game is a moot point. If the feature exists, it must be assumed that it will be used by every player, and that every player will perceive the feature as making drug use attractive - which is clearly absurd.

Also worth noting, for people considering a foreign copy of Fallout 3 on PC and PS3, we have some bad news; you may run into legal issues. The OFLC's guidelines on the importation of games restrict buyers from importing games with drug-related content:

"The Classification Board may advise that importation or exportation of items should not be allowed if they:

in relation to a computer game – are unsuitable for a person under 18 to see or play; or

promote, incite or instruct in matters of crime or violence; or

promote or incite the misuse of a drug specified in Schedule 4.

Like importing any other banned game or film, you take the legal ramifications of the process into your own hands. Don't say we didn't warn you.

It also appears that the board was already leaning towards an MA15+ rating, based on the graphic nature of the violence in the game:

"In the minority review of the Board the violence throughout the game is strong in playing impact and warrants an MA15+ level of classification with the consumer advice of strong violence."

This indicates that the drug-related content is the only feature currently holding the game back from local classification. Bethesda would need to alter the presentation and labelling of the Chem system (Morphine in particular, according to the report) in Fallout 3 – a process that may or may not prove too involved for the limited scale of the Australian market. We can only hope that Bethesda side with gamers, and this unfortunately means bowing to governmental pressure in this instance.